WDNY — Age Discrimination: Eustace v. Corning Inc. 
By Daily Record Staff
POSTED: April 9, 2012
Tags: Age Discrimination, U.S. District Court, WDNY
U.S. District Court, WDNY Age Discrimination Release — New Positions Eustace v. Corning Inc. 09-CV-6628L Judge Larimer Background: The plaintiff, a former employee of the defendant, was terminated from her position during a reduction in force action taken by the defendant. The plaintiff alleged that she was selected for termination because of her age because [...]
Bankruptcy Court, WDNY — Ordinary Course of Business: In re Grace Manor Health Care Facility Inc.
By Daily Record Staff
POSTED: March 30, 2012
Tags: Ordinary Course of Business, U.S. Bankruptcy Court, WDNY
U.S. Bankruptcy Court, WDNY Ordinary Course of Business Agreements In re Grace Manor Health Care Facility Inc. 09-11456 B Judge Bucki Background: A Chapter 7 trustee sought to recover the alleged preferential payments made on account of four invoices resulting from the purchase of pharmaceuticals. The defendant responded that the transfers occurred in the ordinary [...]
WDNY — Disability Insurance: Selvi Tankisi v. Commissioner of Social Security
By Daily Record Staff
POSTED: March 23, 2012
Tags: Disability Insurance, U.S. District Court, WDNY
U.S. District Court, WDNY Disability Insurance Adequate Interpreter — Developed Record Selvi Tankisi v. Commissioner of Social Security 10-CV-6412L Judge Larimer Background: The plaintiff sought review of the defendant’s final determination denying the plaintiff of disability insurance benefits. The plaintiff alleged that due to dizzy spells, arm weakness and an inability to sit, stand or [...]
WDNY — Fair Labor Standards Act: Levine v. Unity Health System, et al.
By Daily Record Staff
POSTED: March 22, 2012
Tags: Fair Labor Standards Act, U.S. District Court, WDNY
U.S. District Court, WDNY Fair Labor Standards Act Learned Professional — Primary Therapists Levine v. Unity Health System, et al. 11-cv-6321L Judge Larimer Background: The plaintiffs brought an action under the Fair Labor Standards Act and New York Law alleging that they were misclassified as exempt “bona fide professionals” and failing to pay them for [...]
WDNY — Patent Infringement: Gradient Enterprises Inc. v. Skype Technologies S.A., Skype Inc.
By Daily Record Staff
POSTED: March 21, 2012
Tags: patent infringement, U.S. District Court, WDNY
U.S. District Court, WDNY Patent Infringement Sufficient Pleading Gradient Enterprises Inc. v. Skype Technologies S.A., Skype Inc. 10-cv-6712L Judge Larimer Background: The plaintiff filed a patent infringement against the defendants. The plaintiff alleges that the defendants had infringed upon a “method of detecting, reporting and responding to Network Node-level events and a system thereof” by [...]
WDNY — Warrant Execution: Carroll v. County of Monroe, et al.
By Daily Record Staff
POSTED: March 13, 2012
Tags: U.S. District Court, Warrant Execution, WDNY
U.S. District Court, WDNY Warrant Execution Dog Shooting Carroll v. County of Monroe, et al. 07-CV-6123P Judge Payson Background: The plaintiff sued the defendants on the ground that a sheriff’s deputy violated her son’s constitutional rights by shooting and killing her son’s dog during the execution of a search warrant at plaintiff’s home. After a [...]
WDNY — Prison Litigation — Isolation: Johnston v. Genesee County Sheriff MAHA, et al.
By Daily Record Staff
POSTED: March 2, 2012
Tags: Isolation, Prison Litigation, U.S. District Court, WDNY
U.S. District Court, WDNY Prison Litigation — Isolation Due Process — Administrative Exhaustion — Excuse Johnston v. Genesee County Sheriff MAHA, et al. 06-CV-6001L Judge Larimer Background: The plaintiff commenced an action, pro se, alleging numerous claims arising out of events that occurred while the plaintiff was being held at the Genesee County Jail, awaiting trial [...]
WDNY — Exclusions: U.S. Specialty Insurance Company v. Lebeau Inc., et al.
By Daily Record Staff
POSTED: February 29, 2012
Tags: Ambiguity, Exclusions, U.S. District Court, WDNY
U.S. District Court, WDNY Exclusions Ambiguity U.S. Specialty Insurance Company v. Lebeau Inc., et al. 10-cv-6533L Judge Larimer Background: During an airshow, a pedestrian was struck and seriously injured by a motor vehicle operated by a third party. The injured party filed a complaint alleging the recklessness and negligence of County of Monroe for failing [...]
Bankruptcy Court, WDNY — Fraudulent Conveyance: In re Northstar Development Corp.
By Daily Record Staff
POSTED: February 28, 2012
Tags: Equitable Subordination, Fraudulent Conveyance, U.S. Bankruptcy Court, WDNY
U.S. Bankruptcy Court, WDNY Fraudulent Conveyance Equitable Subordination In re Northstar Development Corp. 08-10689 B Judge Bucki Background: The debtor, Northstar Development, received a judgment against it for monies owed to a creditor. The creditor sought to recover the outstanding judgment through the avoidance of allegedly fraudulent transfers to the corporation’s principal. Prior to the court’s [...]
WDNY — Amended Complaint: Industrial Technology Ventures LP v. Pleasant T. Rowland Revocable Trust, et al.
By Daily Record Staff
POSTED: February 23, 2012
Tags: Amended Complaint, Futility, Good Cause, U.S. District Court, WDNY
U.S. District Court, WDNY Amended Complaint Good Cause — Futility Industrial Technology Ventures LP v. Pleasant T. Rowland Revocable Trust, et al. 08-CV-6227CJS Magistrate Payson Background: The plaintiff sued two trusts and two individuals asserting claims for breach of fiduciary duty, securities fraud and tortious interference with business relationships. The plaintiff sought to amend its [...]
WDNY — Service of Process: Saffuto v. Peregrine Health Management
By Daily Record Staff
POSTED: February 22, 2012
Tags: Extension of Time, Good Cause, service of process, U.S. District Court, WDNY
U.S. District Court, WDNY Service of Process Extension of Time — Good Cause Saffuto v. Peregrine Health Management 10-cv-6552L Judge Larimer Background: The plaintiff brought an action against the defendant alleging job discrimination on account of her sex, and unlawful retaliation. The plaintiff commenced the action on Sept. 27, 2010, and served an executive director [...]
WDNY – New Trial: United States of America v. Toole, et al.
By Daily Record Staff
POSTED: February 21, 2012
Tags: Cumulative Evidence, New Trial, U.S. District Court, WDNY
U.S. District Court, WDNY New Trial Cumulative Evidence United States of America v. Toole, et al. 06-CR-6024L Judge Larimer Background: The defendants had been charged with a number of drug related offences concerning the possession and distribution of cocaine. After a jury trial, the defendants were found guilty on two counts of the indictment. Both defendants [...]
